Fraud Determination Can Wait Until Claimant's Release From Prison

A New York appellate court upheld a decision by the Workers’ Compensation Board to hold off on addressing whether a worker had committed fraud to obtain benefits until after his release from prison. Case: Matter of McNulty v. Craeco Inc., No. CV-23-0111, 02/15/2024, published. Facts: James McNulty sustained a compensable injury to his back in October 2017. He collected workers’ compensation benefits from December 2017 through June 2018 and again starting in August 2020. In October 2020, McNulty pleaded guilty to three firearms offenses and was sentenced to nine years in pri...